Thoroughbred Motor Court, Inc. v. Allen Co.

STEWART, Judge.

The Allen Company, Inc., (appellee-plaintiff) sought in this action against defendants, Thoroughbred Motor Court, Inc., and its directors, (appellants-defendants) to recover $20,462.72 under a cost-plus contract for work done in the erection of a motor court. Plaintiff’s fee was fixed at “a sum equal to 10% of the total cost thereof.” Defendants counterclaimed for damages in the amount of $19,900, arising, it was alleged, out of unworkmanlike construction and excessive and unnecessary use of material and labor in respect to carrying out the contract. Plaintiff recovered…